Northern District

Bender v. James (In re Hintze)

Ruling: 
Trustee could avoid security interest that was insufficient under state law.
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Consumer case opionion summary, case decided on February 11,2015, LexisNexis #0315-053

In re Blackburn

Ruling: 
Debtor could not strip down IRS lien secured by interest in all of debtors' property.
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Consumer case opionion summary, case decided on February 03,2015, LexisNexis #0315-044

Holoka v. Deutsche Bank Natl Trust Co. (In re Holoka)

Ruling: 
Request for deficiency judgment was at least a technical violation of the discharge injunction.
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Consumer case opionion summary, case decided on December 22,2014, LexisNexis #0315-089

In re Catalano

Ruling: 
Post discharge issuance of certificate of title stripped debtor of right to redeem property.
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Consumer case opionion summary, case decided on June 05,2014, LexisNexis #0714-120

Buford v. U.S. Bank Natl Assn (In re Buford)

Ruling: 
Lien avoided where underlying claim was satisfied by refinancing.
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Consumer case opionion summary, case decided on February 12,2014, LexisNexis #0314-014

In re Thomas

Ruling: 
Surcharge and turnover of exempt IRA not warranted by omission of prepetition contracts from statements and schedules.
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Consumer case opionion summary, case decided on August 08,2013, LexisNexis #0114-087

SunTrust Bank v. Mitchell (In re Mitchell)

Debtors, a husband and a wife, filed a voluntary petition for chapter 7 relief. The bank filed an adversary proceeding seeking denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(2), (4), and (5). The bank moved for summary judgment.
Ruling: 
Discharge denied due to pattern of concealment and reckless indifference to the truth.
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Consumer case opionion summary, case decided on July 15,2013, LexisNexis #0813-062

In re Bryant

Debtor filed a petition under chapter 7, and movant creditor filed a motion to dismiss the debtor's bankruptcy case, pursuant to 11 U.S.C.S. § 707(a), on the grounds that the debtor filed his case in bad faith. The court denied the debtor's motion for summary judgment and held a hearing on the creditor's motion.
Ruling: 
Case dismissed for bad faith where debtor led lavish lifestyle and filed solely to avoid creditor's judgment.
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Consumer case opionion summary, case decided on July 03,2012, LexisNexis #0712-129

Dunn v. Dunn (In re Dunn)

Plaintiff creditors sought a determination that defendant chapter 7 debtor's obligation to them arising out of a state court judgment was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4) under the doctrine of collateral estoppel. They filed a motion for summary judgment.
Ruling: 
State court judgment based state law against exploitation of the elderly was nondischargeable.
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Consumer case opionion summary, case decided on June 07,2012, LexisNexis #0712-049

Vision Bank v. McDowell (In re McDowell)

Bank filed a complaint against chapter 7 debtor to determine the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The court previously granted the debtor's motion for a directed verdict as to the cause of action under § 523(a)(4) for larceny.
Ruling: 
Debt was nondischargeable due to debtor's misrepresentations to two different branches of bank.
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Consumer case opionion summary, case decided on May 03,2012, LexisNexis #0612-015

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